Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9229
SECOND DIVISION Docket No.
9168
2-MP-MA-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the Note to Rule
5
of the controlling Agreement effective June 1,
1960
when they denied the
employes at St. Louis, Missouri five
(5)
days' notice concerning Holiday
work.
2.
That accordingly, the Missouri Pacific Railroad Company be ordered to
compensate Machinists A. G. Young, R. G. Marr, C. H. Deloch, J. D.
Mertensmeyer, D. W. Green, D. B. Morris, and Z. Brown eight
(8)
hours
each at time and one-half pay for Tuesday, January 1,
1980,
New Year's
Day.
Findings
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June
21, 1931..
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On December
16, 1979,
pursuant to a list previously furnished by the Local
Chairman, the Carrier published a bulletin listing Claimants and members of certain
other crafts to work the first shift on the New Years holiday (January I,
1980).
The bulletin also constituted notice to other employes that they would be required
to work on the second and third shifts on January 1,
1980.
On December
28, 1979,
the Master Mechanic posted a bulletin cancelling the first shift of the New Years
Day work schedule. Claimants, therefore, did not work on the holiday. Each
Claimant seeks double time pay for January 1,
1980
contending the December
29, 19719
bulletin was not timely issued.
On the property, the Organization relied exclusively on the Note to Rule
5
of
the applicable agreement to support its argument that the Carrier is required
to give five days notice (prior to a holiday) that it is rescinding a prior bulletin
which has designated certain employes to work on a holiday. According to the
Organization, since the December
29, 1979
bulletin was issued only four days before
New Years Day, the December
16, 1979
bulletin was not timely cancelled and
Form 1 Award No. 9229
Page 2 Docket No. 9168
2-MY-MA-'82
therefore, the Claimants were entitled to be paid as if they had worked on
January 1,
1980.
The Carrier contends that it did not arbitrarily cancel the first shift
for New Years Day but it subsequently determined that connecting railroads were
substantially curtailing operations which eliminated the need for Claimants to
work on the holiday. The Carrier interprets the Note to Rule
5
as imposing a duty
to give advance notice to those employes who must work on a holiday. However,
the Carrier asserts there is no language in the Note which could be construed to
mandate five days advance notice to those workers, like Claimants, who would not
be working a holiday.
The issue presented by this Claim is how the Rule
5
Note should be interpreted
and applied to the particular facts of this case. The Note to Rule
5
states:
"NOTE : Notice will be posted five
(5)
days preceding a holiday
listing the names of employes assigned to work on the holiday.
Men will be assigne3 from the men on each shift who would have
the day on which the holiday falls as a day of their assignment
if the holiday had not occurred and will protect the work.
Local Committee will be advised of the number of men to be
assigned but in the event of failure to furnish sufficient
employes to complete the requirements the junior men on each
shift will be assigned beginning with the junior man."
(Emphasis added.)
The Note to Rule
5
is intended to provide employes with at least five days
advance notice that they must work on a holiday so the employes can accommodate
their personal lives with the necessity'of working on a holiday. While the Carrier
need not provide any type of notice to those who will not be working on a holiday,
the Carrier's obligation under the Rule
5
Note as to those workers scheduled for
holiday work continues after the appropriate notice has been given. Second Division
Award No.
7704
(Marx). Those employes originally scheduled to work on a holiday
but who do not work because the Carrier cancels the original schedule may have a
legitimate cause to complain. Second Division Award No.
7443
(Wallace).
To further the underlying intent and purpose of the Rule
5
Note, employes
scheduled to work on a holiday are entitled to some notice that their holiday
schedule has been amended. In this case, the Carrier obviously realized that some
notice was necessary since it did post a bulletin cancelling the first shift four
days before January 1,
1980.
However, the five day time limitation for giving notice
applies to scheduling holiday work and not to the cancellation of shifts previously
scheduled. The question, thus, is whether the Carrier's December 29, 1979 notice
was made within a reasonable time before the holiday. What is reasonable must
be viewed on a case by case basis by looking at all the surrounding circumstances.
Factors and circumstances to consider include: the amount of actual notice given
(prior to commencement of the holiday shift); the hardship on individual employes
arising from the cancellation; and presence of legitimate, good faith reasons for
the cancellation.
Form 1
Page 3
Award No. 9229
Docket No.
9168
2-Mr-MA-'82
After carefully reviewing the record in this case, we conclude the Carrier
provided the Claimants with reasonable advance notice that their shifts would be
cancelled. The notice was posted four days before the New Years holiday which gave
the Claimants enough time to adjust to the cancellation without undue hardship.
The record does not disclose any abuse of Rule
5
on the Carrier's part since the
cancellation of the first shift resulted from a good faith determination that the
reduction in overall railroad operations vitiated the need for Claimants to work.
Our decision denying this claim is confined to the peculiar facts of this case
on this property.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BUAK.D
By Order of Second Division
By l_~-~'"'~~, ;~' ..[/,L,./~'L-.·semarie Brasch - Administrative Assistant
/>
Dated atfChicago, Illinois, this 22nd day of July, 1982.